Legal Opinion

Thomasson v. Simmons

West Virginia Supreme Court

Decided April 11, 1905PublishedCited by 6 opinions

Error to Circuit Court, Roane County. Action by J. B. Thomasson, committee, etc., against Gr. B. and W. S. Simmons. Judgment for defendants, and plaintiff brings error.

1Opinion of the Court

BRANNON, PRESIDENT:

As will appear in Simmons v. Thomasson 50 W. Va. 656, Thomasson brought action before a justice of Curtis district, Eoane county, against Gr. B. and W. S. Simmons, which by consent was transferred to Spencer district for trial by the justice of Curtis district who issued the process, Kelly, that his successor, justice Petty, took up the case and entered judgment for the plaintiff in the absence of the defendants; that a prohibition issued against the judgment, and that judgment was prohibited as null and void by the decision of this Court. After the decision by this Court,…

2Cases cited4 opinions

  1. Gillespie v. BaileyWest Virginia Supreme Court · 1877
  2. Stanton-Belment Co. v. CaseWest Virginia Supreme Court · 1900
  3. Parsons v. Aultman, Miller & Co.West Virginia Supreme Court · 1898
  4. Simmons v. ThomassonWest Virginia Supreme Court · 1902

3Cited by6 opinions

  1. Central District & Printing Telegraph Co. v. Parkersburg & Ohio Valley Electric Railway Co.West Virginia Supreme Court · 1915
  2. Holmes v. CleggWest Virginia Supreme Court · 1948
  3. Whelan v. Railroad Co.West Virginia Supreme Court · 1912
  4. Hough v. WatsonWest Virginia Supreme Court · 1922
  5. Pocahontas Wholesale Grocery Co. v. GillespieWest Virginia Supreme Court · 1908

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